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Under the incorporation doctrine, Supreme Court cases found that individual amendments applied to the states. The few times the Supreme Court has cited the Third Amendment in decisions, it was in consideration of general constitutional principles—particularly privacy rights. Chief among them is the decision in Griswold v.
Following the enactment of the One Hundred and Third Amendment Act of 2019, several writ petitions were filed, seeking to declare the amendment unconstitutional and in violation of the basic structure concept. By adding Articles 15(6) and 16(6) to the Indian Constitution, the state acquired the authority to impose specific restrictions on ...
There is no explicit mention of the collegium either in the original Constitution of India or in successive amendments. The Third Judges Case of 1998 [4] is not a case but an opinion delivered by the Supreme Court of India responding to a question of law regarding the collegium system, raised by then President of India K. R. Narayanan, in July ...
Puttaswamy v. Union of India; Court: Supreme Court of India: Full case name: Justice K. S. Puttaswamy (Retd.) and Anr. vs Union Of India And Ors. Decided: August 24, 2017 () Citation: Writ Petition (Civil) No 494 of 2012; (2017) 10 SCC 1; AIR 2017 SC 4161: Case history; Related actions: decriminalization of homosexuality; decriminalization of ...
Three Judges Cases: 1981 S.P. Gupta v. Union of India [37] Established the Collegium system of the Indian Judicial System. 1993 Supreme Court Advocates-on-Record Association v. Union of India [38] Struck down the 99th Amendment of the Constitution of India and the proposal of the National Judicial Appointments Commission. 1998 In re Special ...
The Supreme Court reviewed the decision in Golaknath v. State of Punjab, and considered the validity of the article 24th, 25th, 26th and 29th amendments. The case was heard by the largest ever Constitution Bench of 13 Judges. The bench gave eleven separate judgments, which agreed in some points and differed on others. [14]
State of Karnataka, a 1992 Supreme Court of India case, occurred when the Government of Karnataka issued a notification that permitted the private medical colleges in the State of Karnataka to charge exorbitant tuition fees from the students admitted other than the "Government seat quota". Miss Mohini Jain, a medical aspirant student filed a ...
The Supreme Court first struck down a constitutional amendment in 1967, ruling in the case of I.C. Golak Nath and Ors. vs. State of Punjab and Anr. An amendment was struck down on the basis that it violated Article 13: "The State shall not make any law which takes away or abridges the rights conferred by [the charter of Fundamental Rights]".